Lectures & Events

 
March 2017
Friday
3
March
2017
Tinkham Veale University Center
8:30 AM - 5:00 PM
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Monday
6
March
2017
Moot Courtroom (A59)
4:30 PM - 5:30 PM
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Speaker: Elisabeth Rosenthal, Columnist, The New York Times
1 hour of in-person CLE credit, pending approval  |  Webcast live
Thursday
9
March
2017
Moot Courtroom (A59)
4:30 PM - 5:30 PM
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Speaker: Michael H. Posner, Jerome Kohlberg Professor Ethics and Finance, Professor Business and Society, Center for Business and Human Rights, NYU Stern School of Business
1 hour of in-person CLE credit, pending approval  |  Webcast live
Wednesday
22
March
2017
The City Club of Cleveland
8:30 AM - 9:30 AM
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Speaker: Juliet P. Kostritsky, Everett D. & Eugenia S. McCurdy Professor of Contract Law
1 hour of in-person CLE credit, pending approval  |  Webcast live
April 2017
Friday
7
April
2017
Glidden House
8:00 AM - 5:00 PM
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Art Repatriation
Sponsor
Center for Law, Technology & the Arts
Journal of Law, Technology, and the Internet
MAR 1, 2013
9:00 AM - 12:00 PM
Location
Moot Courtroom (A59)
CLE Credit
Approved for 2.25 hours of in-person CLE credit

Great art has been coveted throughout history. Explorers, scientists, art collectors, politicians, and entrepreneurs from Western nations have sought out and removed art from the lands of great civilizations, often with the assistance and participation of local people and governments. In the last few decades, “victimized” source countries have begun to demand the return of such art. Meanwhile, museums throughout the world have integrated these pieces of art into their collections, often as the cornerstones of exhibits or collections that draw thousands of patrons every year. Private collectors and art dealers also have established interests in such pieces.

What role does the law play in art repatriation today? Can such individuals and organizations be required to return the artwork if they acquired the pieces through legal means? Does it matter whether what was legal at the time of acquisition would currently be considered legal? The laws of several nations have answers to these questions, usually addressing the issue as they would the rightful possession of any other item of tangible property. But a body of international law has recently emerged addressing these issues, changing previous analysis. Our distinguished panel will address the resulting issues from a variety of perspectives.

This Symposium first examines the pros and cons of repatriation. Cultural artifacts have often been incorporated as the focus of an exhibit in a museum; the possessor of the item, whether a museum, organization, or private dealer, has put resources into the restoration and continued maintenance of the piece. The possessor also often believes the piece was lawfully obtained. For these and other reasons, the possessor may refuse to consent to repatriation. Yet these items represent the cultural history and pride of the countries from which they originated. On that basis, continued possession of these items by museums and others outside the country of origin may be considered unethical or impolitic, if not necessarily unlawful.

The Symposium will then review the UNESCO Convention, which aims to discourage the looting of cultural items and allows for stolen pieces to be seized when illicit appropriation can be established. The Symposium also looks at the role that the Internet has played in repatriation and restitution. This presentation will cover how the Internet is likely to affect art restitution claims, analyzing future legal consequences surrounding museum acquisitions based on lessons learned from the Nazi-looted art arena.

How are museums reacting to repatriation issues? The Association of Art Museum Directors adopted the standard that museums should stop collecting pieces that cannot be traced to a legitimate public or private collection before 1970. This standard allows for significant discretion regarding its application when collecting antiquities, and has caused significant debate among curators and museum directors. The Symposium concludes with an examination of repatriation through the lens of one of Cleveland’s cultural centerpieces, the Cleveland Museum of Art.
Speaker Information
Jennifer Neils
Case Western Reserve University

Josh Knerly
Hahn Loeser & Parks LLP

Jennifer Kreder
Northern Kentucky University, Chase College of Law

Dr. David Franklin
Cleveland Museum of Art

Dale Nance
Case Western Reserve University School of Law

Additional Information
Free and open to public. Reception follows.

At one-hour CLE activities, Ohio Supreme Court regulations require attorneys to be present for the entire hour to obtain credit. Therefore, registration for one-hour lectures will close at the time the event is scheduled to start. Everyone is welcome to attend the lecture, but we cannot submit CLE credit for late arrivals.

At events longer than one hour, we will submit credit based on an attorney’s arrival time and duration of attendance, but no less than the minimum of one full hour of attendance.

We encourage attendees to arrive at registration 20 minutes prior to the start of a lecture to sign in, obtain materials, and be seated.



PARKING
There is no law school parking, however, public parking, for a fee, is available in the Cleveland Botanical Garden parking underground garage. Also, meter parking might be available.

Recording in any form is prohibited.

Supplemental Readings:


Agenda
8:30 a.m. — Check-In
9:00 a.m. Introduction
9:15 a.m. - Repatriating Antiquities: Pro and Con
Jennifer Neils
Ruth Coulter Heede Professor of Art History
Case Western Reserve University
9:45 a.m. - The UNESCO Convention and the United States, Where are we after 40 years?
Josh Knerly
Partner
Hahn Loeser & Parks LLP
10:15 a.m. - Break
10:30 a.m. - Restitution in the Internet Age
Jennifer Kreder
Associate Dean for Faculty and Professor of Law
Northern Kentucky University, Chase College of Law
11:00 a.m. - Collecting Antiquities Today at the Cleveland Museum of Art
Dr. David Franklin
Director
Cleveland Museum of Art
11:30 a.m. - Panel Discussion
11:55 a.m. - Closing Remarks
Dale Nance
John Homer Kapp Professor
Case Western Reserve University School of Law
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